Evaluations 🧐

Question 1

What is the introduction of evaluations on non fatal offences? What did the LC do?

Answer 1

Rag Ball of offences- Law commission suggested reform - three times rejected

Question 2

Go to the evaluation of outdated non-fatal offences

Answer 2

Rag Ball of offences - law commission suggested reform was rejected three times

Outdated OAPA 1861 -Old language - “grievous” “whosoever” “maliciously”-Harder to understand - apply law 

Language - immediate -(Smith V CC woking)

Does not actually mean immediate

Fails to protect future violence

Physical and threatened - battery outdated assault

Grievous is not defined under the act-

Now R v Saunders is serious 🧐 - makes logical sense

Question 3

Evaluate wounding under the non-fatal offences

Answer 3

wounding is defined as a break in the continuity of the skin JCC V Eisenhower
Any cut is treated the same as a GBH

Unnecessary as GBH is serious
it’s the action not the impact

Question 4

Evaluate ABH and a non-fatal offences

Answer 4

ABH is not defined instead DPP V ChanFook open to interpretation

Seen in previous changes in the law from previous R v Miller

Question 5

Evaluate occasion under non-fatal offences

Answer 5

Means to cause (R v Ireland 🇮🇪 )but inflict also means to cause what actually means to cause

Question 6

Evaluate maliciously under non-fatal offences

Answer 6

Means intent has no clarity as MR is not needed
Judges update law (DDP v ChanFook)
(R v Bustrow)
Biological harm ( R v Dica)
vulnerable people - (R v Bollom )
Issues have been resolved through cases ( R v Mowatt ) 

Question 7

Evaluate sentencing under non-fatal offences

Answer 7

Assault and batteries 12 months however ABH is five years - large jump

ABH and section 20 - 5 years- Different injury but had the same sentencing

Section 28 section 18 discretionary life sentence big jump only different MR 

Question 8

What are the four things that need to be considered for law commission proposals. Under the evaluation of non fatal offences

Answer 8

Threatened or physical assault - 12 months
aggravated assault - two years
Causes recklessly serious - seven years intentionally causing -life sentence

Question 9

What are the three criticisms of murder?

Answer 9

Out of date terminology ‘malice aforethought’

Uncertainty through development - Woolin principle for a oblique intent

Rule of intent of unfair

Question 10

diminished responsibility criticisms

Answer 10

Does not take into account developmental immaturity of children

Loss of control reform of development does not mean hospital has to be immediate